15^th May 2026

Delivered at the 87^th Ordinary Session of the African Commission on Human and Peoples’ Rights.

Honourable Chairperson, Honourable Commissioners,

The Institute for Human Rights and Development in Africa thanks the Working Group on Communications for its Activity Report and commends the Working Group for its continued efforts in managing the Commission’s growing communications docket. We particularly welcome the progress made towards operationalising complementarity between the Commission and the Court, including the development of the first set of cases for possible referral to the African Court.

Honourable Chairperson,

IHRDA does not come before this platform with the aim of disparaging the Commission. We recognise the difficult circumstances under which the Commission operates and appreciate the efforts of Commissioners and the Secretariat in advancing the protective mandate of this institution. However, it is important that the African Union and Member States fully appreciate the strain placed on the Commission when it remains under-resourced while States simultaneously fail to cooperate with or implement the Commission’s decisions.

In this regard, we note with concern the Working Group’s own findings regarding the low level of cooperation by Respondent States in communications proceedings. The Report notes that less than fifty percent of States against whom communications are brought submit responses to the Commission. This lack of engagement places considerable strain on the communications procedure and contributes to prolonged delays in the determination of cases, with many communications remaining pending far beyond the timelines envisaged under the Commission’s Rules of Procedure. While dialogue with States remains essential, such deference should not come at the expense of procedural integrity or the rights of complainants. Delays erode the confidence of victims and their representatives, many of whom approach this mechanism as a forum of last resort.

We respectfully urge the Commission to enforce stricter case management practices, including the firm enforcement of deadlines, the application of consequences for non-compliance without reasonable justification as envisaged under the Rules, and the prioritisation of long-pending communications for expedited determination. Strengthening these aspects of the Commission’s practice is indispensable to restoring confidence in the communications procedure and ensuring that it remains a credible avenue for redress across the continent.

Finally, we wish to echo the Working Group’s concern regarding the persistently low level of implementation of the Commission’s decisions by States Parties.

While this challenge extends across several communications, we draw attention to Communication 801/2021 – Afekuru Animu Risasi Amitai v. South Sudan. To date, the commission’s recommendations remain unimplemented, despite the fact that some measures, particularly the restoration of nationality documentation, could be implemented with minimal administrative or financial burden on the Respondent State.

Honourable Chairperson,

The continued non-implementation of the Commission’s decisions weakens accountability under the African Charter and undermines confidence in the regional human rights system. For victims, favourable decisions lose their practical value where there is no meaningful follow-up or enforcement.

In this regard, we welcome and reaffirm the Working Group’s recommendations urging States Parties to implement the Commission’s decisions and report within the 180-day period provided under Rule 125 of the 2020 Rules of Procedure. We also welcome the progress made in establishing an internal mechanism for monitoring implementation and encourage the Commission to continue strengthening structured follow-up and engagement with States Parties to ensure that victims are not left to bear the burden of seeking enforcement on their own.

Thank you.